Case law

Karen Armer v. New Braunfels Independent School District, John Turman, Charles Bradberry, and O. E. Hendricks

Texas Court of Appeals, 3rd District (Austin) · May 3, 1995

A breach of contract dispute is not an issue clearly falling within an administrative agency's jurisdiction, nor is it an issue involving specialized administrative expertise. … In fact, Texas courts grant former employers a qualified privilege to make statements in good faith when they provide job-related recommendations.

Johnson v. State

894 S.W.2d 529 · Texas Court of Appeals, 3rd District (Austin) · Mar 8, 1995

At the time of the indigency hearing, appellant did not qualify as a “non-indigent defendant” or as an “indigent defendant who has refused appointed counsel.” … The statute clearly applies after that determination is made. Accordingly, we overrule appellant’s first point of error.

Bexar Metropolitan Water District v. City of Bulverde, Texas Guadalupe-Blanco River Authority City of Boerne And City of Fair Oaks Ranch

Texas Court of Appeals, 3rd District (Austin) · Nov 18, 2004

FACTUAL AND PROCEDURAL BACKGROUND Water districts are created by statute and can only exercise powers clearly given to them by the legislature. Tri-City Fresh Water Supply Dist. … Because GBRA is a corporation, it qualifies as a person under the UDJA.

Armando Moran v. State

Texas Court of Appeals, 3rd District (Austin) · Jul 7, 2005

Because I wasn’t thinking clearly, sir. Q. All right. So it wasn’t anything that Detective Guzman said? It was just because you weren’t thinking clearly? A. … App. 1989) (purpose of Edwards to establish rule immune from vagaries that invariably accompany diverse factual encounters). This bright-line rule only applies to the actions of the police.

J.P. Morgan Chase Bank, N.A. Ex Rel. Bank One, N.A. v. Texas Contract Carpet, Inc.

302 S.W.3d 515 · Texas Court of Appeals, 3rd District (Austin) · Dec 11, 2009

To qualify as a third-party beneficiary, a party must show that it is either a “donee” or “creditor” beneficiary of the contract. Id. at 651 . … Based on the circumstances of this case, we must determine whether the subcontractors qualify as creditor beneficiaries.

Bexar Metropolitan Water District v. City of Bulverde, Texas Guadalupe-Blanco River Authority City of Boerne And City of Fair Oaks Ranch

Texas Court of Appeals, 3rd District (Austin) · Nov 18, 2004

FACTUAL AND PROCEDURAL BACKGROUND Water districts are created by statute and can only exercise powers clearly given to them by the legislature. Tri-City Fresh Water Supply Dist. No. 2 of Harris County v. … Because GBRA is a corporation, it qualifies as a person under the UDJA. Therefore, GBRA has a cause of action under the UDJA, and we overrule BexarMet's final issue on appeal.

Armando Moran v. State

Texas Court of Appeals, 3rd District (Austin) · Jul 7, 2005

App. 1989) (purpose of Edwards to establish rule immune from vagaries that invariably accompany diverse factual encounters). This bright-line rule only applies to the actions of the police. … Importantly, Guzman's comment is consistent with well established interrogation techniques.

Jamar Osborne v. Warren Kenneth Paxton

Texas Court of Appeals, 3rd District (Austin) · Oct 12, 2015

Given that Paxton has presented no summary evidence, this was clearly improper. … Similar to judicial immunity, attorneys are protected with absolute privilege.

Cynthia Johnson v. Narissa Mohammed and Nicholas Mohammed

Texas Court of Appeals, 3rd District (Austin) · May 10, 2013

App.— Amarillo 2002, pet. denied) (even if oath of office and anti-bribery oath were not filed with secretary of state, “that does not establish that they were not taken. … The Mohammeds’ exhibits clearly identified the property, Ms.

Shamrock Psychiatric Clinic, P.A. v. Texas Health and Human Services Commission Charles Smith, Executive Commissioner of the Texas Health and Human Services Commission And Stuart W. Bowen Jr., Inspector General for the Texas Health and Human Services Commission Office of Inspector General

Texas Court of Appeals, 3rd District (Austin) · Aug 10, 2016

An act is ministerial when the law clearly spells out the duty to be performed by the official with sufficient certainty that nothing is left to the exercise of discretion.” Anderson v. … Shamrock’s petition for a writ of mandamus was therefore barred by sovereign immunity, and the trial court properly granted the State’s plea to the jurisdiction.

Charles Anthony Malouff, Jr. v. State

Texas Court of Appeals, 3rd District (Austin) · Mar 9, 2015

;l-Gat-i-efl-ef, clearly established State afld Feseral law, _as_ & I'~ {(e!(;,o<F!"~5 J.i-.e..Ccs.>r-1:- a<:L.q'-4--t;,,,. S:""fle.me>?kcl'Bs-tlf :J:'Ao.> C.GP4! … established Supreme Court law.

Ken Patton v. Bobbie Kaye Jones, Individually Barbara Ruth, Individually John Wright, Individually St. John's United Methodist Church Oak Hill United Methodist Church The Austin District of the United Methodist Church

Texas Court of Appeals, 3rd District (Austin) · May 11, 2006

Many courts have analyzed whether a particular employee qualifies as a “minister” using the general standards set forth in Rayburn and the “primary duties” test articulated in Starkman. … (anticipating that minister’s defamation claims against church may be subject to review if statements “overstep the bounds of the authority’s administrative duties” and “are clearly intended to defame or inflict emotional

In Re Hyde Park Baptist Church v. the State of Texas

Texas Court of Appeals, 3rd District (Austin) · Aug 22, 2023

Availability of Mandamus Review Mandamus relief is appropriate where the trial court clearly abuses its discretion and there is no other adequate remedy at law. See Walker v. … Procedure for Establishing Privilege A party who seeks to exclude documents, records, or other matters from discovery has the affirmative duty to specifically plead the particular privilege or immunity claimed

Chris Traylor, as Executive Commissioner of the Texas Health and Human Services Commission And the Texas Health and Human Services Commission v. Diana D., as Next Friend of KD, a Child Karen G., as Next Friend of TG and ZM, Children Guadalupe P., as Next Friend of LP, a Child Sally L., as Next Friend of CH, a Child Dena D., as Next Friend of BD, a Child OCI Acquisition, LLC

Texas Court of Appeals, 3rd District (Austin) · Nov 12, 2015

The legal question whether the alleged facts invoke an exception to immunity can require an inquiry into the merits of the claim; conclusory legal allegations are insufficient, without supporting facts, to establish jurisdiction … (c) Establishment of fees, rates, and charges.

Ken Patton v. Bobbie Kaye Jones, Individually Barbara Ruth, Individually John Wright, Individually St. John's United Methodist Church Oak Hill United Methodist Church The Austin District of the United Methodist Church

Texas Court of Appeals, 3rd District (Austin) · May 11, 2006

Many courts have analyzed whether a particular employee qualifies as a "minister" using the general standards set forth in Rayburn and the "primary duties" test articulated in Starkman . … (anticipating that minister's defamation claims against church may be subject to review if statements "overstep the bounds of the authority's administrative duties" and "are clearly intended to defame or inflict emotional

USA Waste Services of Houston, Inc. v. Carole Keeton Strayhorn, Comptroller of Public Accounts of the State of Texas, and Greg Abbott, Attorney General of the State of Texas

Texas Court of Appeals, 3rd District (Austin) · Mar 18, 2004

Accordingly, the claimant has the burden of clearly demonstrating that it is entitled to the exemption. Strayhorn v. Raytheon E-Systems, Inc., 101 S.W.3d 558, 565 (Tex. App. … The Comptroller counters that USA does not qualify for the exemption because ordering steam cleaning to clean up a spill that USA causes is not essential to the performance of USA’s waste removal service.

Rhonda Lane v. Texas Department of Health

Texas Court of Appeals, 3rd District (Austin) · Jul 30, 2003

The district court agreed and the order granting summary judgment clearly and concisely set forth the court’s reasoning for its decision. … However, the United States Supreme Court held that a state bears no qui tam liability under the FCA by virtue of sovereign immunity. Vermont Agency of Natural Res. v.

Vista Medical Center Hospital, Surgery Specialty Hospital of America, Southeast Houston and Vista Hospital of Dallas v. Texas Mutual Insurance Company

Texas Court of Appeals, 3rd District (Austin) · Dec 28, 2022

In the event of “an unusually costly or lengthy stay,” Former Rule 134.401 establishes an independent reimbursement methodology—called the “stop loss exception”—“to ensure fair and reasonable compensation to the hospital … (E) not reasonably supported by substantial evidence considering the reliable and probative evidence in the record as a whole; or (F) arbitrary or capricious or characterized by abuse of discretion or clearly

Flores v. Employees Retirement System of Texas

74 S.W.3d 532 · Texas Court of Appeals, 3rd District (Austin) · Apr 18, 2002

Flores’s disability qualified as an occupational disability. The Board’s reweighing of the evidence was clearly designed to change the effect of Ms. Flores’s preexisting condition on her disability. … The Knee Injury The medical evidence adduced at the hearing also established that Ms.

Sanadco Inc., a Texas Corporation Mahmoud Ahmed Isba Broadway Grocery, Inc. And Shariz, Inc. v. Glenn Hegar, in His Individual and Official Capacity as Comptroller of Public Accounts Office of Comptroller of Public Accounts for the State of Texas And Ken Paxton, in His Official Capacity as Attorney General of the State of Texas

Texas Court of Appeals, 3rd District (Austin) · May 26, 2015

After citing the well-established case law governing sovereign immunity, the court addressed Sanadco’s jurisdictional arguments: Sanadco cites two statutes providing limited waivers of immunity— the Administrative … "lt is a basic principle of due process that an enactment is void for vagueness if its prohibitions are not clearly defined." Grayned v.